Agenda and draft minutes
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Declarations of Interest
At this point in the meeting, Members are asked to declare any disclosable pecuniary interest or other registerable interest they might have in respect of business on this agenda, if they have not already done so in advance on the Register of Interests.
Members were asked to declare, at this point in the meeting, any personal interests, not included on the Register of Interests, or any prejudicial or disclosable pecuniary interests they may have in respect of business on the agenda. Cllr D’Agorne declared a non prejudicial interest as a Director of the York Business Improvement District (BID) Board. There were no further declarations of interest declared.
To approve and sign the minutes of the last meeting of the Planning Committee held on 3 February and 3 March 2022.
i. That the minutes of the meeting held on 3 February 2022 be approved and then signed by the chair as a correct record subject to the beginning of the first sentence under public speakers changing to ‘A Member spoke in objection to the application.’
ii. That the minutes of the meeting held on 3 March 2022 be approved.
At this point in the meeting members of the public who have registered to speak can do so. Members of the public may speak on agenda items or on matters within the remit of the committee.
Please note that our registration deadlines have changed to 2 working days before the meeting, in order to facilitate the management of public participation at remote meetings. The deadline for registering at this meeting is 5:00pm on Tuesday 5 April 2022.
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It was reported that there had been no registrations to speak at the meeting under the Council’s Public Participation Scheme on general matters within the remit of the Planning Committee.
This item invites Members to determine the following planning applications:
Members considered a schedule of reports of the Head of Planning and Development Services, relating to the following planning applications, outlining the proposals and relevant policy considerations and setting out the views of consultees and officers.
Variation of condition 2 of permitted application 17/00274/FUL to extend duration of permission to 30.09.2025 [Guildhall Ward]
Members considered a full application from Samuel Leach for the variation of condition 2 of permitted application 17/00274/FUL to extend duration of permission to 30 September 2025 at Spark York, Piccadilly, York.
The Head of Planning and Development Services gave a
presentation on the application. She then updated Members on the list of operators, and further representations that had been received from Spark, York BID, Make it York (MiY) and an interested party.
Cllr Fitzpatrick (Ward Member) explained her request for the application to be determined by the Committee as it was in the public interest. She explained that as a resident of the city centre as with residents near Spark, noise was expected. She suggested that the use of the community room at Spark was reactive, and speaking on behalf of Walmgate Community Association (not present at the meeting) she added that there had been no proactive attempt to involve them.
In answer to Member questions, Cllr Fitzpatrick noted that:
A WhatsApp (social media) group had been created for Spark and local residents, however, the residents’ concerns on that group were not recorded by the Council (although the information had been provided to the Council). This included complaints about noise and food odour. She added that a number of residents felt that communication had fallen down and she confirmed she was speaking on behalf of Walmgate Community Association. She noted that Spark management needed to be more robust.
Neighbours would like the sound off at 9pm and wanted conditions to be enforced.
A Member thanked Cllr Fitzpatrick for determination of the application by Committee.
Matthew Laverack spoke in objection to the application noting previous offers for use of the site. He expressed dislike for the appearance of the containers for being out of character for the area. He suggested that there needed to be an independent enquiry into Spark. He stated that the recommendation (to approve the application) failed on planning policy and he requested refusal of the application on the basis of harm to the conservation area and detriment to residents’ amenity.
Yvonne van Zeller (the closest residential neighbour to Spark) detailed the impact of the application on neighbouring properties. She noted as a matter of record that she had been an original supporter of Spark. She noted that certain operators at Spark would like to be good neighbours and concerning and privacy, Spark was in the process of addressing this with a screen. She added that Spark had made a practical demonstration of addressing residents’ feedback. She concluded that the extension of planning permission for 18 months, with a compliant business plan and properly managed exit would give residents peace of mind for the future. She was asked and explained the timeline for the request and implementation of the privacy screen.
Sam Leach (Applicant) spoke in support of the application. He expressed concern about proposed condition 4 regarding no amplified sound in external areas after 9.00pm on Sundays, Mondays, Tuesdays, Wednesdays and Thursdays. He outlined ... view the full minutes text for item 80.